Tennessee Sheriffs’ Association exposed as anti-2nd Amendment

Tennessee is not a constitutional carry state. Tennessee Firearms Association has been trying to change that for more than a decade. Constitutional Carry, in its simplest form, means that any person who can legally possess a firearm can carry that firearm and that gun free zones are eliminated. That terminology is based on the Second Amendment’s “shall not be infringed” mandate.

This year, there are several bills pending which might be used to enact Constitutional Carry in Tennessee.

• House Bill 18 / Senate Bill 318 is simple and clean. It allows anyone who can legally possess a firearm to do so and it also removes some gun free zones.
• House Bill 786 / Senate Bill 765, which is also known as the “Governor’s Bill” is primarily a crime package with about a $17 million dollar cost to taxpayers. However, it also creates an exception to the criminal charge of carrying with intent to go armed. As initially filed, it would only apply to those who meet the heightened standards for apply for a handgun permit, it only applies to handguns, and it only applies if you are in a place where you have a right to be.
• House Bill 1388 / Senate Bill 1391 removes the prohibition of carrying a firearm with intent to go armed and thereby creates constitutional carry.

On February 24, 2021, the House Criminal Justice Subcommittee took up consideration of HB18 and HB768. The bills were rolled to March 3, 2021, after about 45 minutes of testimony (start at approximately 1 hour 54 minutes).

The Tennessee Sheriffs’ Association (a 501c3 charity that perhaps should not be lobbying at all on issues like this) filed a statement (linked below) in opposition to the legislation. The details of the letter are clear evidence that the Tennessee Sheriffs’ Association (not necessarily individual sheriffs) clearly refuses to concede that the phrase “shall not be infringed” has any application to the position that the collective of sheriffs advocate to the Legislature. For example, the letter states:

• They “… support the enhanced penalties in the legislation of HB786,”
• They believe, with no evidence offered, that “completely eliminating the permit requirement will negatively impact the safety of Tennesseans and our law enforcement officers.”
• They claim that “since 1996 … the existing permit process has served our citizens well” (Perhaps they forgot that they were in charge of the permit process in 1994 and 1995 and made such a mess of it that the Legislature took it away from them)
• They state that “handgun carry permit process provides a method and procedure that allows confirmation and verification of lawful handgun carry.”

The Tennessee Sheriffs’ Association then urged the Legislature to create a system of “implied consent” where they would have the right to stop people carrying firearms and confirm that they were legal possessors simply based on the observation that they had or might have a firearm. They also want to require training and certification of civilians. They want to eliminate open carry and have concealed carry only. And, they want the agencies (read that sheriffs) that provide training to civilians to be “exempt from civil liability”.

So, while they claim to “support and take an oath to uphold the second amendment” (lower case in original), they turn around and urge the legislature not only to maintain existing infringements but to create new ones!

Many of the members of the subcommittee did not respond well to the position of the Tennessee Sheriffs’ Association. We want to applaud those members and the entire Committee for standing up. Particular recognition to Rep. Jerry Sexton for his statements to the Tennessee Sheriffs’ Association representative (see video starting at 2 hours 14 minutes).

Although the Tennessee Sheriffs’ Association’s letter suggests that all sheriffs support the position in its letter to the Criminal Justice Subcommittee, we know that there are some sheriffs who do not support that position. Two current Tennessee sheriffs have already given us letters of where they stand and we applaud them! We have prepared the body of the Statement in a Word document that you can take to your sheriff to determine whether they stand with their oath to protect your constitutional rights or if they stand with the letter submitted by the Association which clearly does not.